The definition of hearsay in Texas is complex. And complexity in the rules of evidence creates opportunities for effective advocacy, as it does in every other area of the law, says Tom Hagemann and Marla Poirot. Trial lawyers need to base their arguments on the core hearsay principles, such as evidentiary necessity, witness availability, the statement's intended use at trial and its indicia of reliability.
September 26, 2011 at 12:00 AM
1 minute read
In “The Evidence Rules Every New Trial Lawyer Should Know,” a recent article for the American Bar Association Litigation Section, 3rd U.S. Circuit Court of Appeals Judge Joseph Greenaway Jr. begins with this thought: “The definition of hearsay is straightforward.”
Objection, your honor; no foundation — not in the abstract, not in the Federal Rules of Evidence and most definitely not in Texas.
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